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Child DLA Tribunal
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8 years 11 months ago - 8 years 11 months ago #135787 by 1540
Child DLA Tribunal was created by 1540
Hi, I'm new here. Wish I had found you a year ago!
I applied for DLA a year ago on behalf of my (almost) 15 year old son. He was turned down 4 months later and again after a Mandatory Reconsideration.
He has mental health problems and requires constant supervision day and night, attends school part time and has difficulties getting about.
His Tribunal took place recently, the panel were running late and therefore posted the decision. He has been awarded low rate care and low rate mobility until his 16th birthday next year The representative, GP and school are all shocked he did not receive middle rate care and I just feel exhausted by it all.
I have been advised to ask for a statement of reasons as the panel were unable to explain their reasoning.
Have others been through this? I've been advised to either appeal to the upper tribunal upon receipt of the sor or try to apply for an increase in care component.
If we were to appeal for an increase, when should this be done?
As I've asked for a statement of reasons, will this delay his backpay?
I completely understand that this is not about me or my circumstances and did not mention any of this in forms or during tribunal but I'm really in a hole trying to care for my son. I have no family support, his father has moved 3 hours away from him, I have had to give up working full time to care for him and we are struggling financially and in danger of losing our privately rented home. Sorry to waffle, I'm in somewhat of a daze and still trying to support my son 24 hours a day.
I applied for DLA a year ago on behalf of my (almost) 15 year old son. He was turned down 4 months later and again after a Mandatory Reconsideration.
He has mental health problems and requires constant supervision day and night, attends school part time and has difficulties getting about.
His Tribunal took place recently, the panel were running late and therefore posted the decision. He has been awarded low rate care and low rate mobility until his 16th birthday next year The representative, GP and school are all shocked he did not receive middle rate care and I just feel exhausted by it all.
I have been advised to ask for a statement of reasons as the panel were unable to explain their reasoning.
Have others been through this? I've been advised to either appeal to the upper tribunal upon receipt of the sor or try to apply for an increase in care component.
If we were to appeal for an increase, when should this be done?
As I've asked for a statement of reasons, will this delay his backpay?
I completely understand that this is not about me or my circumstances and did not mention any of this in forms or during tribunal but I'm really in a hole trying to care for my son. I have no family support, his father has moved 3 hours away from him, I have had to give up working full time to care for him and we are struggling financially and in danger of losing our privately rented home. Sorry to waffle, I'm in somewhat of a daze and still trying to support my son 24 hours a day.
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- Gordon
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8 years 11 months ago #135790 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Child DLA Tribunal
1540
If you don't mind I'll answer your second question first if I may.
You can report a Change of Circumstances, in order to try and get your son the Medium Care rate, but you can only do so if you can show that there has been an increase in his care needs since the original Decision was made by the DWP. If this is the case then you should write to the DWP informing them of the change, this will likely result in a new DLA forms being issued and there may be a requirement for a face to face to be done.
As to his current award. You should be cautious of requesting a the Statement of Reasons! An appeal to the Upper Tribunal can only be made if you can show that there was an Error of Law in the original hearing, not because you disagree with the Decision that they have come to.
If you do then the DWP will also receive a copy and if there is an Error then they too can appeal to the Upper Tribunal, their doing so will mean that they will not implement the Decision of the original Tribunal and will not make any payments against it.
What is an Error of Law?
You might also want to have a look at the following factsheet.
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
If you have any questions on the above then please reply to this post and we will do our best to help.
Gordon
If you don't mind I'll answer your second question first if I may.
You can report a Change of Circumstances, in order to try and get your son the Medium Care rate, but you can only do so if you can show that there has been an increase in his care needs since the original Decision was made by the DWP. If this is the case then you should write to the DWP informing them of the change, this will likely result in a new DLA forms being issued and there may be a requirement for a face to face to be done.
As to his current award. You should be cautious of requesting a the Statement of Reasons! An appeal to the Upper Tribunal can only be made if you can show that there was an Error of Law in the original hearing, not because you disagree with the Decision that they have come to.
If you do then the DWP will also receive a copy and if there is an Error then they too can appeal to the Upper Tribunal, their doing so will mean that they will not implement the Decision of the original Tribunal and will not make any payments against it.
What is an Error of Law?
You might also want to have a look at the following factsheet.
www.disabilityrightsuk.org/appealing-upp...er-tribunal-decision
If you have any questions on the above then please reply to this post and we will do our best to help.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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8 years 11 months ago #135793 by 1540
Replied by 1540 on topic Child DLA Tribunal
Thank you for your response.
Unfortunately, I have taken (probably too soon) the advice of the representative and requested the statement of reasons on the basis that the decision was sent by post and therefore not explained at the tribunal. Worried now.
In the meantime, will the backpayment / award be paid or will this request for the sor, suspend this?
Sorry to digress, as this 2 year award will end in 12 months when my son turns 16, would I hear from DWP in 6 months anyway regarding a renewal or PIP application? It's so confusing.
Unfortunately, I have taken (probably too soon) the advice of the representative and requested the statement of reasons on the basis that the decision was sent by post and therefore not explained at the tribunal. Worried now.
In the meantime, will the backpayment / award be paid or will this request for the sor, suspend this?
Sorry to digress, as this 2 year award will end in 12 months when my son turns 16, would I hear from DWP in 6 months anyway regarding a renewal or PIP application? It's so confusing.
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8 years 11 months ago #135795 by Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
Replied by Gordon on topic Child DLA Tribunal
1540
Requests for a SoR take some time to be processed, it is not unusual for the Judge to take as long as three months to reply, it is possible that the Clerk of the court will contact you to see whether you wish them to proceed.
As you have a representative you should discuss this issue with them.
Back payments take 5-8 weeks to be processed and require a Decision Maker to "accept" the Decision, they may decide not to do this if a SoR has been requested.
If you are on the UK mainland then your son should be invited to claim PIP when his current DLA award ends, you should expect him to receive an invite to claim PIP about 20 weeks in advance of his renewal.
Gordon
Requests for a SoR take some time to be processed, it is not unusual for the Judge to take as long as three months to reply, it is possible that the Clerk of the court will contact you to see whether you wish them to proceed.
As you have a representative you should discuss this issue with them.
Back payments take 5-8 weeks to be processed and require a Decision Maker to "accept" the Decision, they may decide not to do this if a SoR has been requested.
If you are on the UK mainland then your son should be invited to claim PIP when his current DLA award ends, you should expect him to receive an invite to claim PIP about 20 weeks in advance of his renewal.
Gordon
Nothing on this board constitutes legal advice - always consult a professional about specific problems
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